9781844070435

Trading in Knowledge : Development Perspectives on TRIPS, Trade, and Sustainability

by ; ;
  • ISBN13:

    9781844070435

  • ISBN10:

    1844070433

  • Format: Hardcover
  • Copyright: 2004-05-01
  • Publisher: Taylor & Francis

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Summary

An unprecedented surge in the scope and level of intellectual property rights (IPR) protection has been engulfing the world. This globalizing trend has shifted the balance of interests between private innovators and society at large and tensions have flared around key public policy concerns. As developing nations' policy options to use IPRs in support of their broader development strategy are being rapidly narrowed down, many experts are questioning the 'one-size-fits-all' approach to IPR protection and are backing a rebalancing of the global regime. Developing countries face huge challenges when designing and implementing IPR-policy on all levels. This book offers unique perspectives by a diverse range of developing country participants including civil society participants, farmers, grassroots organizations, researchers and government officials. Contributions from well-known developed country authorities round out the selections.

Table of Contents

List of Tables and Boxes vi
List of Contributors vii
Foreword x
Acknowledgements xiii
List of Acronyms and Abbreviations xv
1 Introduction
Graham Dutfield
1(22)
PART ONE THE INTERNATIONAL ARCHITECTURE
TRIPS and Development
2 Origins and history of the TRIPS negotiations
Adronico Oduogo Adede
23(13)
3 The future of IPRs in the multilateral trading system
Frederick Abbott
36(9)
4 The political economy of the TRIPS Agreement: lessons from Asian countries
Jakkrit Kuanpoth
45(12)
5 Integrating IPR policies in development strategies
John Barton
57(8)
TRIPS and the International System on Genetic Resources
6 TRIPS and the FAO International Treaty on Plant Genetic Resources
Robert J L Lettington
65(12)
7 The Convention on Biological Diversity and the TRIPS Agreement: compatibility or conflict?
Biswajit Dhar
77(12)
The WIPO Agenda
8 New treaty development and harmonization of intellectual property law
Ruth Okediji
89(12)
PART TWO POLICY AND SYSTEMIC ISSUES
Plant Variety Protection and Patents on Life Forms
9 Article 27.3(b) of the TRIPS Agreement: the review process and developments at national and regional levels
Boniface Guwa Chidyausiku
101(8)
10 The Revised Bangui Agreement and plant variety protection in OAPI countries
Jeanne Zoundjihekpon
109(8)
11 The world of biotechnology patents
Silvia Salazar
117(10)
12 The implications of intellectual property for agricultural research and seed production in West and Central Africa
Oumar Niangado and Demba Kebe
127(8)
TRIPS and Public Health
13 Access to medicines and public policy safeguards under TRIPS
K Balasubramaniam
135(8)
14 Intellectual property rights and public health in the Revised Bangui Agreement
Rosine Jourdain
143(6)
15 The TRIPS Agreement and generic production of HIV/AIDS Drugs
Narendra B Zaveri
149(8)
IPRs and the Protection of Traditional Knowledge
16 International legal protection for genetic resources, traditional knowledge and folklore: challenges for the intellectual property system
Weerawit Weeraworawit
157(9)
17 Indigenous knowledge and its protection in India
Suman Sahai
166(9)
18 Access to genetic resources and protection of traditional knowledge in indigenous territories
Grethel Aguilar
175(9)
19 Traditional knowledge and the biotrade: the Colombian experience
Ana Maria Hernández Salgar
184(6)
20 Documentation of traditional knowledge: People's Biodiversity Registers
Chale Utkarsh
190(6)
21 Requiring the disclosure of the origin of genetic resources and traditional knowledge: the current debate and possible legal alternatives
David Vivas Eugui
196(13)
PART THREE IMPLEMENTING THE TRIPS AGREEMENT
22 Formulating effective pro-development national intellectual property policies
Carlos Correa
209(10)
Regional Initiatives
23 Implementing the TRIPS Agreement in Africa
Francis Mangera
219(13)
24 The African Union Model Law for the Protection of the Rights of Local Communities Farmers and Breeders and the Regulation of Access to Biological Resources
Johnson A Ekpere
232(6)
25 The Andean Community regimes on access to genetic resources, intellectual property and indigenous peoples' knowledge
Manuel Ruiz
238(8)
26 The Central American Regional Protocol on Access to Genetic and Biochemical Resources
Jorge Cabrera Medaglia
246(9)
National Legislative Reforms
27 The Indian experience in the field of IPRs, access to biological resources and benefit sharing
Atul Kaushik
255(9)
28 Intellectual property rights and biological resources: current policy and legislative developments in South Africa
Rosemary A Wolson
264(13)
29 Towards TRIPS compliance: Kenya's legislative reforms
James Otieno-Odek
277(8)
30 The Peruvian Law on Protection of the Collective Knowledge of Indigenous Peoples Related to Biological Resources
Begoña Venero
285(8)
Annex 1 Agreement on Trade-related Aspects of Intellectual Property Rights (Extracts) 293(16)
Annex 2 The Convention on Biological Diversity (Extracts) 309(12)
Annex 3 International Treaty on Plant Genetic Resources for Food and Agriculture (Extracts) 321(18)
Annex 4 Participants at the Regional Multi-stakeholder Dialogues on IPRs and Sustainable Development 339(9)
Index 348

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